The civil liability of doctors for cosmetic damage

Authors

Gabrielle Cristina P. de Oliveira

Keywords:

Civil responsability, Cosmetic damage, Indemnity

Synopsis

In this article we will address a brief analysis of medical civil liability in cases of plastic surgery with an aesthetic nature, performed in private hospitals, as well as public ones as well.It brings the discussion about the responsibility of the surgeon physician for causing damage or/and the non-satisfaction of his patient in the final result obtained, even if there was no recklessness, negligence or malpractice. Currently the majority current that defends the obligation of the plastic surgeon of result, because there is the promise of result and an understanding on the part of the patient, in addition also to the current that defends the obligation of means of the plastic surgeon, because he is susceptible to the same fortuitous conditions as any other surgeon doctor.Was formulated through doctrinal research, jurisprudence, research articles present on the Internet In this article we stud as current legislation. The work begins by observing what civil liability is succinctly, addressing civil liability in the light of the Brazilian legal system, conceptualizing each important point to understand the forms of responsibility. Subsequently, the civil liability of physicians is pointed out exclusively in cases of errors that generate aesthetic damage to patients, where it comes to verify the duties of surgical physicians to the patient according to the Federal Council of Medicine and thus define the possibility of the obligation, by the means or by the result. There is also proof of medical error and the causes of guilt exclusions. Soon after the approach of these themes, the civil liability of hospitals and their duty to compensate for damages supported by the patient are demonstrated.

References

OLIVEIRA, Gabrielle Cristina P. de. A responsabilidade civil dos médicos por danos estéticos. 2021. 49f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.

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Published

November 26, 2021